Possession of Drug Manufacturing Materials
Individuals in possession of drug manufacturing materials may face criminal charges, including intent to manufacture drugs or possession with intent to sell. Federal law prohibits the cultivation of marijuana or the manufacturing of hashish. Penalties for a federal offense can be serious, particularly if the defendant has a past court history. Although California laws are generally less strict than federal law regarding marijuana crimes, regulations vary between counties and a conviction for intent to sell can rise to a felony offense.
If you have been arrested on allegations of a drug crime, Riverside drug offenses attorney Gregory H. Comings will clearly explain your legal rights and tirelessly advocate on your behalf. Attorney Comings is familiar with both state and federal drug laws, as well local ordinances throughout Southern California. He may be able to reduce your drug offense charges or secure the option of alternative sentencing.Possession of Drug Manufacturing Materials under California and Federal Law
A person found in possession of drug manufacturing materials used to cultivate, manufacture, or sell marijuana or hashish may face serious criminal investigation and potential charges. Materials used to manufacture marijuana can include specialized tools to grow plants, such as hydroponic equipment and marijuana seeds. Additionally, crimes involving drug manufacturing may target people less directly involved in the process. State law holds that individuals providing support or assisting in drug manufacturing may be prosecuted.
Possession of drug manufacturing materials can lead to charges for possession with intent to sell. Under Health and Safety Code 11359, it is a crime for adults to possess marijuana for sale without a license. As a misdemeanor, a conviction can lead to six months in jail and/or a fine up to $500. Certain circumstances may lead to felony charges, for example, if you possessed the marijuana for sale in connection with a knowing or attempted sale to a minor.
Circumstantial evidence is typically used by prosecutors to demonstrate a defendant’s intent to sell marijuana. This may include evidence such as the presence of cash, marijuana divided into multiple bags or plastic containers, and a large quantity of marijuana. Additionally, law enforcement may harbor an opinion about the marijuana being for sale.Possession of Drug Manufacturing Materials and Cultivation of Marijuana
Cultivating marijuana is drug manufacturing according to the federal government. However, California allows for cultivating marijuana within specific limits. State residents may possess and cultivate a set number of living marijuana plants. The location and visibility of the plants, as well as their size, is strictly regulated. Plants must be grown in a secure location, inaccessible to minors. Additionally, registered sex offenders, people with a record of serious violent felonies, defendants who violate certain state environmental laws in their marijuana cultivation activities, and defendants with two or more previous convictions for cultivating more than 6 marijuana plants may be at risk of serious penalties.Fighting Possession of Drug Manufacturing Materials Charges
Common defenses relating to marijuana cultivation or manufacturing range from constitutional violations to lack intent to manufacture. For example, if the facts indicate that law enforcement lacked a search warrant before conducting their search and seizure, any evidence seized will not be permitted. Other possible defenses include the fact that the defendant was cultivating marijuana within the stated regulations, or that they have a license to manufacture.Riverside Criminal Defense Attorney for Residents Accused of Marijuana Crimes
Typically, for cultivation of marijuana or manufacturing drug offenses, evidence plays a critical role in the prosecution’s ability to convict. A strong legal advocate such as Riverside marijuana offense attorney Gregory H. Comings can help assert the best defense given the specific facts of the case. If you are facing possession of drug manufacturing materials criminal charges, contact our office today. We are proud to represent people throughout the areas of Indio, Victorville, Palm Desert, Palm Springs, Temecula, Cathedral City and Coachella. The Law Offices of Gregory H. Comings can be reached by phone at (951) 686-3457 as well as online.